CORRECTIONAL ADMINISTRATION (Institutional and Community Based Corrections)
DEFINITION OF TERMS PENOLOGY – study of punishment of crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. - The term derived from the Latin word “poena” which means pain or suffering. Penology is otherwise known as Penal Science. PENAL MANAGEMENT – refers to the manner or practice of managing or controlling places of confinement as jails or prisons.
CORRECTION – a branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders. CORRECTIONAL ADMINISTRATION – the study and practice of a system management of jails or prisons and other institution concerned with the custody, treatment and rehabilitation of criminal offenders.
HISTORICAL PERSPECTIVE ON CORRECTIONS 13 TH Century – Securing Sanctuary In the 13 th century a criminal could avoid punishment by claiming refugee in a church for a period of 40 days, at the end of which time he is compelled to leave the realm by a road or path assigned to him.
16 th Century – Transportation of criminals in England was authorized. At the end of the 16 th century Russia and other European countries followed this system. It partially relieved overcrowding of prisons. Transportation was abandon in 1826. 17 th Century to late 18 th Century – Death penalty became prevalent as a form of punishment.
GALLEYS - long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. - a type of ship used for transportation of criminals in the 16 th century HULKS - decrepit transport, former warships used to house prisoners in the 18 th and 19 th century. - abandoned warships converted into prisons, also called “floating hells”.
PRIMARY SCHOOLS OF PENOLOGY 1. Classical School – the doctrine of psychological hedonism or freewill. 2. Neo-Classical School – children and lunatics must be free from punishment. 3. Positivist/Italian School – denied individual responsibility and reflected on positive reactions to crime and criminality.
EARLY CODES 1. Code of Hammurabi (1760 B. C. ) – oldest code prescribing savage punishment. 2. 3. Justinian Code – written by Emperor Justinian of Rome in 6 th C. A. D. The Twelve Tables (XII Tabulae) – represented the earliest codification of Roman law incorporated into the Justinian Code.
4. Code of Draco – a harsh code that provides the same punishment for both citizens and the slaves 5. Burgundian Code – specified punishment according to the social class of offenders. 6. Code of Kalantiao – promulgated in 1433 by Datu Kalantiao 7. Maragtas Code – by Datu Sumakwel
EARLY PRISONS 1. Mamertine Prison – early Roman place of confinement which is built under the main sewer of Rome in 64 B. C. 2. 3. Bridewell Workhouse – built in 1557 in London for the employment and housing of English prisoners. Wallnut Street Jail – first American Penitentiary
THE AGE OF ENLIGHTENMENT - 18 th century is a century of change, the period of recognizing human dignity. PIONEERS: 1. William Penn (1614 -1718) - first leader to prescribe imprisonment as correctional treatment for major offenders. - responsible for the abolition of death penalty and torture as a form of punishment
2. Charles Montesquieu (1689 -1755) - a French historian and philosopher who analyzed law as an expression of justice. 3. Voltaire (1694 -1778) - he believes that fear of shame was a deterrent to crime. 4. Cesare Bonesana Marchese de Beccaria (1737 -1794) - presented the humanistic goal of law.
5. Jeremy Bentham (1746 -1832) - the greatest leader in the reform of English Criminal Law. He believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down. - the one who devise the ultimate PANOPTICAL PRISON
6. John Howard (1726 -1790) - Sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform.
PUNISHMENT - it is the redress that the state takes against an offending member of society that usually involve pain and suffering. ANCIENT FORMS: 1. Death Penalty 2. Physical Torture 3. Social Degradation 4. Banishment or Exile 5. Transportation and Slavery
CONTEMPORARY FORMS OF PUNISHMENT 1. 2. 3. 4. 5. Imprisonment Parole Probation Fine Destierro
JUSTIFICATIONS OF PUNISHMENT 1. 2. 3. 4. 5. Retribution Expiation or Atonement Deterrence Incapacitation and Protection Reformation or rehabilitation of behavior
TWO RIVAL PRISON SYSTEM A. The Auburn Prison System - “Congregate System” where prisoners are confined in their own cells during the night and congregate work in shops during the day.
B. The Pennsylvania Prison System - “Solitary System” where prisoners are confined in single cells day and night > In both prison system, complete silence was being enforced.
PENALTY - defined as the suffering inflicted by the state against an offending member for the transgression of law.
Judicial Conditions of Penalty 1. 2. 3. 4. 5. 6. 7. Productive of Suffering Commensurate with the offense Personal Legal Equal Certain Correctional
The Philippine Correctional has two (2) Systems Based Approach, namely: Institution Based and Community Based Approach
Both systems are being implemented on a fragmentary basis by three (3) Departments of the Executive Branch of the government. These are: Dept. Of Justice, Dept. of Interior & Local Govt. , Dept. of Social Welfare & Development
(1) Department of Justice (DOJ) takes care of the National Prisoners. The National Prison and Penal Farms which is being supervised and administered by the Bureau of Corrections (BUCOR) This is headed by a civilian Director. Tasked to rehabilitate national prisoners so they can become useful members of society upon completion of their sentence
These are the prisoners whose penalty ranges from 3 YRS AND 1 DAY to LIFE IMPRISONEMENT and those convicted with the DEATH penalty or a fine of more than five thousand pesos, or regardless of the length of sentence, to one sentenced for violation of custom law or other laws under the jurisdiction of the Bureau of Customs or for violation of immigration and election laws, or to one sentenced to serve two or more sentence the total of which exceeds three years. NATIONAL PRISONERS are also referred to under the law as Insular Prisoners.
(2) The Department of the Interior and Local Government (DILG) takes care of the municipal, city and district Jails. The Provincial Jails and sub-provincial jails are operated by the Provincial Local government Units under the supervision and management by their respective governors in each province and whose penalty ranges from SIX (6) MONTHS and ONE DAY UP TO THREE(3) YEARS;
the local jails namely, the Municipal jails, City jails and District jails are under the supervision and administration of the Bureau of Jail Management and Penology (BJMP) and whose penalty ranges from ONE (1) DAY to SIX (6) MONTHS for Municipal Jail inmates, and for City Jail inmates whose penalty ranges from ONE (1) DAY TO THREE (3) YEARS. The district jail may be created thereat if the monthly jail population is less than ten (10) inmates
What is a district Jail? DISTRICT Jail is a consolidation of all inmates in two or four municipal jails whose inmate population is less than 10 monthly provided it will be located near the Metropolitan Trial Court or Regional Trial Court. The purpose is to maximize the manpower and other logistical requirements.
(3) The Department of Social Welfare and Development (DSWD) takes care of the sentenced Youth offenders. which are located in the ten (10) Regional Youth Rehabilitation Centers nationwide.
n n There are ten (10) rehabilitation centers for youth offenders, nine of which are for boys while only one is for girls. Of the nine centers for boys one is the National Training School for Boys which also happens to be the largest RRCY. This is located in Sampaloc, Tanay, Rizal and it caters to youth offenders coming Regions IV, V and NCR. The only RRCY for girls is also the National Training School for Girls located at Marillac Hills, Alabang, Metro Manila. The eight other RRCYs are located in Barangay Urayong, Bauang, La Union for those coming from Region I, II and the Cordilleras; Barangay Ayala, Magalang, Pampanga for Region III; Nueva Valencia in the island province of Guimaras for Region VI; Barangay Candabong, Argao, Cebu for Region VII; Barangay Sto Nino, Leyte for Region VIII; Barangay Anastacio Polanco, Dipolog, Zamboanga del Norte for Region IX; Gingoog City for Region X; and Barangay Bago Oshiro, Davao City for Region XI. Youth offenders from Caraga Region are sent either to Dipolog, Gingoog or Davao depending on which is most accessible.
RA 9344 - Juvenile Justice and Welfare Act of 2006 Under the law, children 15 years old and below would be exempted from criminal liability while youth offenders ages 15 to 18 years old could only be criminally charged if they committed the crime with discernment.
It also provides the immediate turnover of children in conflict with the law to social workers upon apprehension. If detention is necessary, the youth offenders would be transferred to youth detention homes set up by the local governments and non-government organizations. The law also created the Juvenile Justice and Welfare Council under the Department of Justice that would oversee its implementation and advise the President regarding the protection of youth offenders.
The first penal institution in the country was established even before the effectivity of the Spanish Penal Code and while the Recompilation laws were still the existing laws of the islands. This prison facility is the Bilibid Prison which was constructed in 1847. in Azcarraga, Manila. . it was only recognized and formally designated as an Insular Penitentiary through Royal Decree issued in 1865. The physical layout was constructed in conformity with the dominant concept of criminology existing in Europe
Twenty-two (22) years after the establishment of the Bilibid Insular Penitentiary, the San Ramon Prison and Penal Farms was established 1869 in the Southern tip of Zamboanga. The Zamboanga Peninsula was also a banishment site for political nonconformists coming from Luzon and the Visayas. This is one of the reasons why our own national hero , Dr. Jose P. Rizal who fought for reforms, which the island colonial authorities found objectionable and subversive to their tastes, was exiled in Dapitan.
San Ramon Prison and Penal Farms was named in memory of its founder, Ramon Blanco, a Spanish Captain in the Royal Army It was closed during the Spanish-American War of 1898 but reopened in 1904 after the victorious American grabbed possession of the Philippines from Spain and the Americans have established control over this colony. The land area is 1, 524. 6 hectares The principal product is copra, which is the biggest sources of income of the Bureau of Prisons.
In 1904, another penal colony was established in Iwahig, Palawan on the order of Governor Forbes, then the incumbent Secretary of Commerce and Police. The establishment of this penal facility was made on the suggestion of Governor Luke E. Wright. , who felt the need for an institution designed for incorrigible offenders. An American construction foreman left Bilibid on November 16, 1904 with 16 prisoners and sailed to Palawan to start building the colony thereat
However, this contingent turned against their custodian, hogtied their Superintendent and the short lived revolt was quelled with the timely arrival of Philippine Scout reinforcement from Puerto Princesa. , the provincial capital.
In November 1, 1905, Reorganization act 1407 was passed into law mandating the Philippine Commission to create the Bureau of Prisons under the department of Commerce and Police. Later, jurisdiction was assigned to the Dept. of Instruction. , the predecessor of the Dept. of Education. Finally to the Dept. of Justice.
The Iwahig Penal Colony, as a destination for maximum security incorrigible prisoners. Instead, convicts who were well behaved and pliable were assigned to this facility. The reason to convert the 38, 611 hectares of fertile lands into production areas for revenue and as a means to prisoner rehabilitations
Today, this Penal institution is considered as one of the most open penal institution in the world. It was from this facility that the term “Prison without Wall” had its beginning. Iwahig was divided into four (4) sub-colonies for a more practical consideration of easier administration and mangement. These sub-colonies are 1. Santa Lucia, 2. Inagawan, 3. Montible, 4. Central.
Each sub-colony operates as an autonomous institution under the management of a Penal supervisor. The colony allocated 1, 000 hectares, which was distributed to release inmates who no longer had any desire to return to their original homes and who instead want to settle for good in Palawan. This is the Tagumpay Settlement. The prisoners were awarded six (6) hectares farm lots as homestead.
On November 27, 1929, Republic Act 3579 was passed into law establishing the Correctional Institution for Women. This Penal institution was constructed on an 18 -hectare piece of land, in Mandaluyong. Before the construction of this women institution Prisoners were confined in portion of the Bilibid Prison. In 1934, the position of Female superintendent was created to superintendent the operation of this penal facility. Today, the institute is run entirely by female personnel with the exception of the perimeter guards who are male.
New Bilibid Prison was constructed in 1936 in Muntinlupa in a 552 hectares of land in 1941 the actual transfer of Muntinlupa facility was established. This site was previously acquired by the city to become the site for the Boys Training School. The Bilibid Prison in Manila was renamed Old Bilibid Prison to avoid confusion and presently known as Manila City Jail. This was constructed by virtue of Proclamation 414 in 1931 as an enabling Order to Commonwealth Act No. 3732. these official edicts were also the official basis for the opening of the Davao Penal Colony.
The New Bilibid Prison houses maximum security convicts including the death row, the electric chair chamber when it was still in use and now the lethal Injection chamber. It is considered as one of the biggest prisons in the world in terms of the number of prisoners population. The central office of the Bureau of Corrections are also housed here.
Outside the compound and within the reservation, three (3) other Satellite Prisons are situated. These are the minimum security camp called Camp Bukang Liwayway, the name implying the coming release of prisoners destined here. Miminum Security inmates are those with severe physical handicap as certified by the chief prison medical officer, 65 years old and above and not on appeal or without pending case; those who served at least ½ of their minimum sentence or 1/3 of their maximum sentence excluding Good Conduct Time Allowance and those with only 6 months to serve before expiration of maximum sentence.
The second is Camp Sampaguita, which houses medium security prisoners. Medium Security inmates are those with less than 20 years sentence, remand inmates or detainees below 20 years sentence, 18 years old and below regardless of case or sentence, those who have 2 or more escape records but have served 8 years since recommitment, those with one record of escaped but have served five (5) years as maximum security and upon recommendation of the superintendent
The Director of Corrections may grant GTCA to an inmate for good behavior with no record or disciplinary infraction or violation of prison rules and regulations. GCTA is the statutory reduction of a prisoner’s sentence for good behavior during confinement under Article 97 of the Revised Penal Code. This is automatically applied to all prisoners as long as he does not commit violations of prisons rules and regulations. GCTA is a kind of right that can only be denied if the prisoner breaks the rules and only after due process is observed
Good conduct entitles the inmate to the following deductions from his sentence: 1. 2. 3. In the first two years of incarceration, 5 days deduction for each month of good behavior. From the 3 rd to 5 th year, 8 days deduction for each month of good behavior From 6 th year to 10 years, 10 days deduction for each month of good behavior; and
4. From the 11 th year, 15 days deduction for each month of good behavior. GTCA may also be granted to a detainee to be deducted from his sentence if convicted provided that he voluntarily offers to perform labor as maybe assigned to him during his detention period. Such voluntary offer must be in writing. An inmate whose sentence is life imprisonment but is on appeal is not entitled to GCTA.
GCTA cannot be revoked without a just cause. GCTAs revoked for a just cause may be restored at the discretion of the Director of Correction upon recommendation of the Superintendent In addition to the GCTA, a prisoner may also be entitled to another five days per month deduction from the sentence he has to serve when he has been classified as a trusty or penal colonist.
This is provided by Act. No. 2489, otherwise known as the Industrial Good Time Law. Life imprisonment is also automatically reduced to thirty years imprisonment upon being classified as a trusty or penal colonist.
Under section 98 and 158 of the Revised Penal Code, Special Time Allowance (STA) for loyalty equivalent to one-fifth of the sentence shall be deducted from the inmates sentence if, after the inmate abandoned prison due to disorder arising from conflagration, earthquake, explosion, or similar catastrophes, or during a mutiny in which the inmate did not participate voluntarily submits himself to the authorities within forty-eight hours following the issuance of a proclamation announcing the ending of the calamity.
Under Article 99 of the Revised Penal Code (RPC) GCTAs and STAs are granted by the Director of Corrections
- The Youth Rehabilitation Center for juvenile offenders is also situated here.
And the third facility is the Reception and Diagnostic Center that receives newly committed prisoners coming from the jails nationwide. Inmates accepted by the RDC will be studied and classified, the purpose of which, is the formulation of the individualized treatment program designed to achieve the most successful rehabilitation
Upon admission, the inmate or detainee if he has a pending case, will be put in quarantine in a designated cell at the RDC for a minimum of five (5) days during which he shall be administered the ff. Physical exam, mental, orientation, private interview and etc.
The Davao Penal Colony was established in January 21, 1932 by virtue of Republic Act 3732 and Proclamation No. 414. Retired General Paulino Santos, the incumbent Prisons Director at the time the first contingent of prisoners that opened the colony that covers an area about 18, 000 hectares.
The Japanese transferred the prisoners who were destined here to the Inagawan sub-colony if Iwahig Penal Colony. Before the Japanese left the facility due to the return of the Americans, they destroyed all its buildings, machineries and industries. By August , 1946, however, the colony was able to re-establish its pre war status.
At present the Davao Penal Colony houses medium and minimum security prisoners. They work in the open fields escorted by the colony custodial force. It is now the biggest abaca plantation in the country. . It is a major banana producer having secured a joint venture agreement with Tagum Development Company. In a 3, 000 hectares banana plantation. These banana products are exported to Japan, Saudi Arabia, Egypt and many other countries.
Davao Penal Colony has two (2) sub-colonies: (1) Panabo and (2) kapalong with each under a penal supervisor. It has also a settlement site for released prisoners who no longer wish to return to their homes but choose to remain in Davao as homesteaders. This settlement area is called Tanglaw Settlement.
Reception Diagnostic Center which was established in 1953 by virtue of Administrative order no. 11 issued by the Secretary of Justice. The Center was established to enable the Bucor to conduct a more effective rehabilitation of prisoners committed to the Bureau’s care through a more scientific study and diagnoses of each and every prisoner committed to the Bureau.
On September 17, 1954, the president of the Philippines issued Proclamation No. 72 allocating 16, 000 hectares of land in Sablayan, Occidental Mindoro for the setting up of another penal colony. The Sablayan Penal Colony and Farm was established to met the increasing population of prisoners that is already causing serious congestion.
In those times, the New Bilibid Prison that was supposed to confine only 3, 000 had a population more than twice that capacity. The actual land area is 16, 408. 5. The principal activity is agriculture and rice is the main product.
The last Penal facility to be built by the Bureau of prisons is the Leyte Regional Prison in Abuyog. This was established in January 16, 1973 on the orders issued under the Martial law by President Ferdinand E. Marcos
The Bureau of Jail Management and Penology was created pursuant to Republic Act 6975 signed on December 13, 1990 and became known as the DILG Act of 1990. On December 10, 1974, Presidential Decree no. 603 otherwise known as the Child and Youth Welfare Code of 1974 was promulgated. This Code became the magna Carta for Children and was the first in the entire ASEAN region.
Before P. D. 603 went into effect, however, there is already a long existing law covering the probationary treatment of juveniles in conflict with the law. This is Commonwealth Act no. 3203 that went into effect on December 3, 1924. This is the first youth offenders law of the land
this law established the Welfare Institutions, which took responsibility of taking charge of all government child-caring institutions, Home for the Aged and Infirm as well the Philippine training School for Boys. They were put under the supervision of the office of Public Welfare Commission.
All these facilities were centralized and located at what was known as Welfareville in Mandaluyong. It has fifty (50) hectares land with forty (40) buildings. Five (5) of the buildings were for orphanage of different types of orphaned children, homes for the homeless, neglected, displaced and abandoned boys picked up by the Police, the Philippine Training School for Boys and the Philippine Training School for Girls which serve for confinement institution for youths in conflict with the laws, and home for the aged and infirm.
On November 29, 1969 the Philippine training School for Boys was transferred to Sampaloc, Tanay, Rizal where it continues to stay to this day. It was named Vicente Madrigal Rehabilitation Center, in honor of the one who donated the land. Eventually, however, it returned to its old official name, the National training School for Boys.
On the other hand, the Philippine training School for Girls transferred to Alabang, Muntinlupa City which became the MARILLAC HILLS up to this day.
Safekeeping Functions RULE I COMMITMENT AND CLASSIFICATION OF PRISONERS OR DATAINEES
A person can be committed to jail only upon the issuance of an appropriate order by a competent court or authority so mandated under Philippine laws. This Rule enumerates these courts and authorities, and classifies inmates according to the conditions for their commitment. n
Section 1. COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO JAIL – The following (courts & entities) are authorized to commit a person to jail A. Supreme Court B. Court of Appeals C. Sandiganbayan
D. Regional Trial Court E. Metropolitan / Municipal Trial Court F. Municipal Circuit Trial Court G. Congress of the Philippines H. All other administrative bodies or persons authorized by law to arrest and / or commit a person to jail
Section 2. CATEGORIES OF INMATES – The two (2) general classes of inmates are: A. B. Prisoner – inmate who is convicted by final judgment Detainee – inmate who is undergoing investigation / trial or awaiting trial / sentencing
Section 3. CLASSIFICATION OF PRISONERS – The four (4) main classifications of prisoners are: A. B. Insular Prisoner – one who is sentenced to a prison term of three (3) years and one (1) day to death Provincial Prisoner – one who is sentenced to a prison term of six (6) months and one (1) day to three (3) years.
c. City Prisoner – one who is sentenced to a prison term of one (1) day to three (3) years. d. Municipal Prisoner – one who is sentenced to a prison term of one (1) day to six (6) months.
Section 4. CLASSIFICATION OF DETAINEES – The Three (3) types of detainees are those: A. Undergoing investigation B. Awaiting or undergoing trial; and, C. Awaiting final judgment
Section 5. INMATES SECURITY CLASSIFICATION – The following are the classification of inmates according to security risk A. High Risk Inmates B. High Profile Inmates C. Ordinary Inmates
Section 6. REQUIREMENTS FOR COMMITMENT – The following are the requirements for commitment: A. Commitment Order B. Medical Certificate C. Complaint / Information D. Police Booking Sheet
RULE II RECEPTION PROCEDURES, CLASSIFICATION AND DISCIPLINARY BOARDS AND PUNISHABLE ACTS OF INMATES
One of the Guiding principles of the United Nations Standard Minimum Rules for the Treatment of prisoners states that “Imprisonment and other measures which result in cutting off an offender from the outside world are afflictive by the very fact of taking from a person the right of selfdetermination by depriving him / her liberty. Therefore, the prison system shall not, except as incidental to justifiable segregation for the maintenance of discipline, aggravate the suffering inherent in such a situation”,
Hence, a well-planned and organized reception of datainees is critical to achieving this. The inmate’s first impression of the correctional process greatly influences his / her attitude and behavior toward the custodial and rehabilitative regimens he / she must undergo during confinement, and perhaps, to some extent, affect his / her outlook and adjustment after his / her release. This rule provides guidance on the reception and disciplinary aspects of jail management.
Section 1. Reception Procedures – A decent and humane program of confinement starts with a systematic reception of inmates for commitment to the BJMP’s jail facilities. The Following procedures should therefore be observed:
A. The Jail Desk Officer carefully checks the credentials of the person(s) bringing in the inmate to determine his/her/their identity and authority. The officer also ascertains from the person that all law enforcement procedures, including the verification for standing warrant / criminal record of the arrested person therefore before physical presentation in court, must have been undertaken prior to the inmate’s transfer / commitment to the jail.
This is understood therefore that other standing warrants must have been served when a person is admitted for jail custody.
B. The jail Desk Officer carefully examines the arrest report and the authenticity of the commitment order or mittimus in due form to determine whether the inmate has been committed under legal authority as provided for by Section 3, Rule XIII of the Rules of Court.
C. Person arrested by virtue of a Warrant of Arrest must secure a Commitment Order from the Court where the Warrant of Arrest is issued before he can be committed to jail.
D. The admitting jail officer all cash and other personal property from the inmate, lists them down on a receipt from in duplicate, duly signed by him / her and countersigned by the inmate. The original receipt should be kept for the record and the duplicate copy should be given to the inmate.
E. All cash and other valuables of the inmate must be turned over to the Property Custodian for safekeeping and covered by official receipts.
F. The inmate is then fingerprinted and photographed. G. The admitting jail officer accomplishes a jail booking report attaching, there to the inmate’s photograph for reference
H. The newly admitted inmate shall be thoroughly strip-searched. His / Her clothing shall also be carefully examined for contraband. He / she is then checked for body vermin, cuts, bruises and other injuries, and for needle marks to determine if he / she is a drug dependent.
I. The jail Medical Personnel or the Local Health Officer immediately conducts a thorough Medical Examination of the inmate.
J. When it is not possible for the Jail Medical Personnel to be in attendance during the inmate’s admission, the receiving officers shall observe the mental alertness, overall appearance, physical abnormalities, rashes, scratches or other identifying marks of the individual and note them down in the inmate’s jail booking report. The offender observed to be suffering from any contagious disease is immediately isolated.
K. A medical record is accomplished by the Jail Medical Personnel or Local Health Officer, showing the condition of the inmate at the time of admission and to include, if possible, his / her medical history. I. Upon commitment, the inmate should be briefed or oriented on the jail rules and regulation by the Chief Custodial Officer or the Officer of the Day prior to classification and segregation
M. The sentenced inmates shall be provided with jail clothing. His / Her personal clothing should be properly received, cleaned and stored safely until his / her release. The detainee, for his / her own safety, may be allowed to wear civilian clothes.
N. The warden establishes and maintains a record of all inmates, consisting of information on the inmate’s name and alias, if any; weight, height and body marks or tattoos, if any; nationality and, if a naturalized Filipino, his / her previous nationality; previous occupation / profession; prior criminal convictions; and previous place of residence
In case of a detainee, the record shall also indicate the crime of which he / she was convicted; the sentencing court, his / her sentence and the commencement date thereof; institutional behavior and conduct, and date he / she was received for confinement
In case of a detainee, the record shall indicate the Criminal Case number in trial court where the case is pending; or the Case number in the Appellate court if the case is on appeal and the status of the appeal; or the reason for his / her detention.
O. Upon completion of the reception procedures, the detainee is assigned to his / her quarters. P. The detainee should be issued all the materials that he / she will be using during his / her confinement, if such materials are available.
Q. Upon receipt of a detainee, he / she shall be apprised, preferably in the dialect which he / she understands, that under Article 29 of the Revised Penal Code, as amended by the Republic Act No. 6125, his / her preventive imprisonment shall be credited in the service of his / her sentence, consisting of deprivation of liberty for the whole period he / she is detained if he / she agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners;
Provided, that he / she is not a recidivist or has not been previously convicted twice or more times of any crime; and when, upon being summoned for the execution of his / her sentence, he / she surrendered voluntarily.
R. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted inmates, he / she shall be asked to sign a Detainee’s Manifestation. Otherwise, the warden issues a Certification under oath to the effect that the detainee was apprised of the provisions of Article 29 of the RPC, as amended, and that the detainee refused to abide the rules imposed upon convicted inmates.
S. An inmate who signs a Detainee’s manifestation shall be treated as a sentenced inmate insofar as work and discipline are concerned. Any failure or neglect to perform his / her assigned work shall be sufficient cause for the cancellation of the Manifestation. Thereafter, he / she shall not be treated as a convicted inmate cease to earn the privilege granted.
T. A Detainee who is covered by a Certification is not required to work but he / she may be made to clean his / her cell and perform such other work as may be necessary for hygienic or sanitary reasons. He / She shall be credited with the service of his / her sentence with four-fifths (4/5) of the time during which he / she was detained.
U. The warden submits the Detainee’s Manifestation or Certification as the case may be, to the proper court before the date set for the arraignment of the inmate and the same shall form part of the records of the case. The same procedure shall be followed with respect to all accused persons who have been convicted but whose cases are pending appeal before a higher court. The Detainees Manifestation or Certification as the case may be, shall form part of the records of the case.
V. Full credit for the preventive imprisonment shall commence from the date of the Detainee’s Manifestation.
SECTION 2. CLASSIFICATION BOARD Each jail shall maintain Classification board, if facilities and personnel are available, to be composed of the following. Chairman Member - Deputy Warden Chief, Custodial/Security Office Medical Officer/ Public Health Officer Jail Chaplain Inmates Welfare and Development
SECTION 3. DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD The Classification Board is tasked to conduct background investigation of inmates to determine the work assignment, type of supervision and degree of custody and restrictions under which an inmate must live in jail. The investigation shall focus on:
A. Facts and data of the present case; B. Earlier criminal history and if he / she is a recidivist or habitual delinquent, the facts about his / her attitudes and behavior while confined in other institutions. C. Biography or life history; D. Medical History
E. Vocational, recreational, educational and religious background / interest; and, F. Psychological characteristics as evaluated by the psychiatrist and psychologist.
The inmate is required to appear before the classification Board for a frank discussion concerning his / her strengths and weaknesses. After this, he / she is informed of the program planned for him / her. He / She is asked if he/ she is willing to undergo this program for his / her own good. If necessary, the Board will see to it that the program planned for the inmate is followed.
Section 4. DISCIPLINARY BOARD A disciplinary Board shall be organized and maintained by jails for the purpose of hearing disciplinary cases involving any inmate who violate jail rules and regulations. It shall be composed of the following:
Chairman Member - Member - Deputy Warden Chief, Custodial / Security Officer Medical Officer / Public Health Officer Jail Chaplain Inmates, Welfare and Development Officer Inmate’s Representative If the above composition is not feasible because of personnel limitations, the Warden shall perform the Board’s functions as a Summary Disciplinary Officer
Section 5. DUTIES AND FUCTIONS OF THE DISCIPLINARY BOARD The Board is tasked to investigate the facts of an alleged misconduct referred to it. It shall hold sessions as often as necessary in a room, which may be provided for the purpose. All cases referred to it shall be heard and decided within forty-eight (48) hours from the date of receipt of the case.
Section 6. AUTHORIZED DICIPLINARY PUNISHMENT FOR INMATES The Board is authorized to impose any of the following disciplinary punishments: A. Reprimand ; B. Temporary or permanent cancellation of some or all recreational privileges; C. Cancellation of visiting privileges; D. Extra-fatigue duty for sentenced inmates;
E. Confinement in a cell, provided that this punishment shall be imposed only in the case of an incorrigible inmate, when other disciplinary measures had been proven ineffective; and, F. Transfer to another BJMP jail in the area, in coordination with the court.
In addition to the above-mentioned punishment, the Disciplinary Board may recommend to the Warden partial or full forfeiture of Good Conduct Time Allowance (GCTA) to be earned for that month and subsequent months depending upon the gravity of the offense.
Section 7. LIMITATIONS ON DICIPLINARY PUNISHMENT FOR INMATES The Disciplinary Board shall consider the following limitations when imposing disciplinary punishment: A. No pregnant inmate or one who breastfeeds a baby shall be subjected to any disciplinary punishment.
B. No infirmed or handicapped inmate shall be meted out punishment which might affect his / her health or physical wellbeing. C. Corporal punishment, confinement in dark or inadequately ventilated cells and any form of cruel, unusual, inhuman degrading punishment are absolutely prohibited.
D. Whenever the penalty of extra-fatigue duty or solitary confinement imposed may affect the health of the inmate, he / she shall be made to undergo medical examination to determine his / her physical fitness to serve his / her punishment. E. When necessary, the Jail Physician shall visit the inmates undergoing punishment and shall advise the Warden for the termination of the punishment on grounds of physical or mental health.
F. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be applied as the form of punishment. They shall only be used as a precaution against escape and on medical grounds to prevent an inmate from injuring himself or others. G. Breaches of discipline shall be handled objectively and decisions shall be executed firmly and justly.
H. As a general rule, every violation of discipline shall be dealt with accordingly. In extreme case where the violation necessitates immediate action, the Warden or the Officer of the Day may administer the necessary restraints and report the action taken to the Disciplinary Board.
Section 8. PROCEDURES IN THE HEARING OF DISCIPLINARY CASES The Following procedures shall be followed in the hearing of disciplinary cases:
A. The aggrieved inmate informs any member of the custodial force of the violation; the latter in, turn officially reports the matter to the Desk Officer. If one of the jail employees knows the violation committed by the inmate, a brief description shall be made of the circumstances surrounding or leading to the reported violation and all facts relative to the case;
B. The desk officer simultaneously informs the Warden and shall immediately cause the investigation. He / She submit to the Warden his / her report together with his / her recommendations;
C. The Warden evaluates the report if he / she believes that there is no sufficient evidence to support the alleged violation, he / she shall dismiss the case. If he / she believes that sufficient evidence exist, he / she shall decide the case and impose the necessary penalty in case of minor violations. If the offense is less grave or grave, he / she shall endorse it to the Disciplinary Board for hearing or decide it him / herself as a Summary Disciplinary Officer if there is no Disciplinary board;
D. The inmate shall be confronted of the reported violation and asked how he / she pleads to charge. If he / she admits the violation or pleads guilty, the Board of the Warden, as the case may be, shall impose the corresponding punishment;
E. If the inmate denies the charge, the hearing shall commence with the presentation of evidence and other witnesses by the Desk Officer. The inmate shall the be given the opportunity to defend him / herself by his / her testimony and those of his / her witnesses, if any, and to present other evidences to prove his / her innocence;
F. After hearing, the Board decides the case on the merits; G. Whether the inmate is found guilty or not, he / she should be advised to obey the rules and regulations strictly and be reminded that good behavior is indispensable for his / her early release and / or granting of privileges; and.
H. Decisions of the Board or Summary Disciplinary Officer are subject to review and approval by the warden and/ or higher authority, respectively. The inmates may request by the Warden and / or higher authority, respectively. The inmates may request a review of findings of the board or summary disciplinary officer and the propriety of the penalty from the National Headquarters, BJMP, whose decision shall be final.
SECTION 9. PUNISHABLE ACTS An inmate is strictly prohibited from committing any of the following acts: A. Minor Offenses 1. Selling or bartering with fellow inmate (s) those items are not classified as contraband 2. Rendering personal service to fellow inmates; 3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in his / her quarters and / or surroundings; 5. Making frivolous or groundless complaints; 6. Taking the cudgels for or reporting complaints on behalf of other inmates;
7. Late in formation during inmate headcount without justifiable reason; and, 8. Willful waste of food.
B. LESS GRAVE OFFENSES 1. Failure to report for work detail of sentenced inmates without sufficient justification; 2. Failure to render assistance to an injured personnel or inmate; 3. Failure to assist in putting out fires inside the jail; 4. Behaving improperly or acting boisterously during religious, social and other group functions;
5. Swearing, cursing or using profane or defamatory language directed at other persons; 6. Malingering or pretending to be sick to escape work assignment; 7. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BMJP personnel; 8. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel;
9. Forcing fellow inmates to render personal service for him / her and / or to others; 10. Exchanging uniforms or wearing clothes other than those issued to him / her for the purpose of circumventing jail rules; 11. Loitering or being in an authorized place; 12. Using the telephone without authority from the Desk Officer / Warden 13. Writing, defacing, or drawing on walls, floors or any furniture or equipment;
14. Withholding information which may be inimical or prejudicial to the jail administration; 15. Possession of lewd or pornographic literature and / or photographs; 16. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason and; 17. Failure to turn over any implement / article issued after work detail
C. GRAVE OFFENSES 1. Making untruthful statements or lies in any official communication, transaction, or investigation. 2. Keeping on concealing keys or locks of places in the jail which are off-limits to inmates; 3. Giving gifts, selling, or bartering with jail personnel
4. Keeping in his her possession money, jewelry, cellular phones or other communication devices and other items classified as contraband under the rules; 5. Tattooing others or allowing him / her to be tattooed on any part of the body, or keeping any paraphernalia to be used in tattooing; 6. Forcibly taking or extorting money from fellow inmates and visitors;
7. Punishing or inflicting injury or any harm upon him / herself or other inmates 8. Receiving, keeping, taking or drinking liquor and prohibited drugs; 9. Making, improvising or keeping any kind of deadly weapon; 10. Concealing or withholding information on plans of attempted escapes; 11. Unruly conduct and flagrant disregard or discipline and instructions;
12. Escaping, attempting or planning to escape from the institution or from any guard; 13. Helping, aiding or abetting others to escape; 14. Fighting, causing any disturbance or participating therein and / or agitating to cause such disturbance or riot; 15. Indecent, immoral or lascivious acts by him / her or others and / or allowing him / herself to be the subject to such indecent, immoral or lascivious acts;
16. Willful disobedience to a lawful order issued by any BJMP personnel; 17. Assaulting any BJMP personnel; 18. Damaging any government property or equipment; 19. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal procedures as a mock by the inmates in a jail / prison.
20. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves from others; 21. Failing to inform the authorities concerned when afflicted with any communicable disease, such as tuberculosis, sexually-transmitted diseases, etc; 22. Engaging in gambling or any game of chance;
23. Committing any act which is an violation of any law or ordinance, in which case, he / she shall be prosecuted criminally in accordance with law and; 24. Committing any act prejudicial to good order and discipline.
RULE III TREATMENT OF INMATES WITH SPECIAL NEEDS
The United Nations Standard Minimum Rules for the Treatment of prisoner provides that “so far as possible, separate institutions or separate sections of an institution shall be used for the treatment of the different classes of prisoners”. The BJMP has adhered to this principle since its creation; however, the rise in criminality in recent years, coupled with the passage of more stringent laws (especially for drug-related offenses)
And the adoption of better crime solution methods, resulted to a marked increase in inmate population in BJMP detention centers. The lack of funds to expand existing jails or to build new ones aggravates the situation. This Rule, therefore, provides guidance to Wardens and Jail Officers on how to treat inmates with special needs, given and limited resources.
SECTION 1. BASIC POLICY As a general rule, inmates with special needs should not be held in jails with other regular inmates. For example, female inmates should be confined in institutions that are separate from those used for males. However given the reality of budget constraints, increasing inmate population, insufficient facilities and inadequately-equipped detention homes, Wardens and Jail Officers shall endeavor to provide the best arrangement they can for such inmates, in keeping with this Rule. It is assumed that the inmates have been properly evaluated and classified for this purpose.
SECTION 2. HANDLING INMATES WITH SPECIAL NEEDS The following guidelines shall be observed in handling of inmates with special needs: A. Female 1. The female quarters should be fully separated from the male quarters.
2. In larger jails, a female personnel may be designated to keep the keys to the female quarters and make the same available at any time. 3. No male inmate shall be allowed to enter the female quarters; and, 4. Only work suitable to their age and physical condition should be assigned to female inmates
B. Drug Users / Dependents / Addicts 1. Inmates found to be drug users / dependents / addicts / should be segregated from other inmates, especially during the withdrawal period; 2. Maintain close supervision of inmates to prevent attempts to commit suicide or self-mutilation; 3. Only a qualified physician shall prescribe sedatives / stimulants deemed necessary for the inmate’s treatment;
4. Appropriate measures should be taken to enable inmates to follow strictly the jail physician’s advice regarding diet and other medical interventions / treatments during the withdrawal period; and, 5. Conduct regular search of the inmate’s quarters and maintain constant alertness to prevent the smuggling of narcotics and other dangerous drugs.
C. Alcoholics 1. Place alcoholics in quarters separate from other inmates and maintain close supervision to guard against suicide attempts; 2. Any symptoms of abnormal behavior among inmates should be reported immediately to the jail physician; and, 3. Exercise close supervision to guard against the smuggling of liquor and other intoxicating drinks or products containing alcohol.
D. Mentally-ill 1. The mentally-ill should be under the close supervision of a jail medical personnel; 2. Place the mentally-ill in separate cells and special restraint rooms provided for violent cases; 3. Exercise close supervision to guard against suicide attempts or violent attacks on others; and 4. The mentally-ill should be transferred as soon as feasible to mental institutions for property psychiatric treatment.
C. Sex Deviates 1. Homosexuals should be segregated immediately to prevent them from influencing other inmates or being maltreated or abused by other inmates, and, 2. Other sex deviates should be separated from other inmates for close supervision and control.
F. Suicidal Inmates 1. The suicidal inmate should be given close and constant supervision; 2. 3. Search their quarters and premises for tools / materials that can be used for suicide; and, They should be subjected to frequent strip searches.
G. The Handicapped, Age and Infirmed 1. These inmates should be housed separately and closely supervised to protect them from maltreatment or abuse by other inmates; and, 2. Special treatment should be given to these inmates who shall be required to work in accordance with their physical capabilities for their own upkeep and to maintain the sanitation of their quarters and surroundings.
I. Non-Philippine Citizen Inmates 1. The Warden shall report in writing to the Bureau of Immigration and the respective embassies of the detained foreigners the following: A. Name of Jail B. Name of Foreigner C. Nationality & number of her Alien Cert. or Registration if any. D. Age / Sex E. Offense charged
F. Case Number G. Court / Branch H. Status Case
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